tv [untitled] February 24, 2013 3:00am-3:30am PST
than that. we want to move forwards monthly reporting of consultants, like we do with lobbyists. so that is going to take a little more effort on things like that. >> any other recommendations or comments for the executive director with respect to the budget? i think given what we want to do, i think given the public concern about our investigatory budget, given that the public wants us to do more investigations based on certainly what we hear in front of us, i would be fine with you doing what you have typically done and not proposed a budget cut.
i think certainly the public relies on us to some extent for our investigatory work and we want to continue that and certainly not diminish that result of budget cuts, in my opinion. any other comments? is there public comment on this matter? >> david pilpel, a number of items starting with memo. i don't know why commissioner renne fell off the letterhead here. i apologize and i hope he is still with us and perhaps it's just an oversight. plus the date should be 2013. this is actually not a lot of detail. it's like no detail. and this is actually a required annual hearing on the budget pursuant to the charter.
i appreciate commissioner hayon's question and the director's answer. i think in whatever transmittal comes from the commission and the staff to the mayor and controller should include some of the that language about things that aren't getting done, could be done, could be done better. i think that very much supports the budget request. and i think that in general terms, that the commission should not acsaid accede and probably not make additional requests for funds, but note there is additional work that could be done with other resources. and hey, i will continue to say if there is a need for a cut, i think we should reevaluate the cost of being on sfgovtv and reserve those funds for only those public hearings like the mirkarimi matter last year which were of great public
concern. i think tonight's meeting is a good example of why we don't need to be on tv. sorry. i would also note that some of the programs that the commission runs have fees that don't fully cover their costs, and i have said many times before, whether it's the consultant program, the lobbyist program or other things, that we should either set fees to cover the full costs or at least know what the full costs are, and acknowledge that we are supporting those programs, with general fund dollars to some degree. and where there are differences try to level them off and say, rather than covering 18% and 32%, we're going to set as policy that we're going to cover about 25% of our program costs through program revenues. i would also note there is a new state law that now requires campaign filers to pay -- what is it? a $50 annual
registration fee to the secretary of state. i don't know if we would be able to do that here, if we were, that would be interesting. and we could cover some of our campaign filing-related costs through that program. i'm not suggesting that the audit or public financing program costs should be covered, but there are certainly costs related to filing of statements that are now being born by the general fund. so i think we should look more carefully at what our general fund costs and what could be program costs. i will leave it at that, unless there are questions. thank you. >> there is no action that needs to be taken, is there? >> normally you would have a vote. >> a vote. >> from the action that the commission is acting me to take. >> is there a motion to affirm the executive director
submiting a budget that does not include the requested 1.5% cut in the department's funding? >> so moved. >> second. >> all in favor? >> aye. >> opposed? hearing none, the motion passes. the next item on the agenda is discussion and possible action regarding a complaint received or ebitiated by the ethics commission, possible closed session. public comment on all matters pertaining to agenda item vi, including whether to meet in closed session. >> yes, i would just like to request that you be as specific as possible regarding the arraignments for reconvening the meeting and the minimum time it might take.
>> the minimum amount of time it might take -- difficult to determine. i would -- do with give these estimates? >> probably half an hour. >> probably half an hour would be my guess, but it's very difficult to determine in advance. is there a motion to move into closed session under chapter section c3-699.13? >> so moved. >> second. >> all in favor? >> aye. >> opposed? hearing none, we will move into closed session. >> with all due respect you didn't answer the other part of
my question, are we going to leave and are you going to notify people in the hallway? do we wait here and you retire to another room? >> so, if you would leave, that would be great? >> and will you notify people in the hallway when you >> we're back in open session. is there a motion to keep the discussions and deliberations
relating to the matter that was discussed in confidential session, keep that confidential? that is perhaps not the most el eloquent motion i have ever made. >> [ laughter ] >> so moved. >> second. >> public comment? hearing none, all in favor? >> aye. >> opposed? there are none. mr. st. croix, can you make the announcements? >> finding of probable cause for ethics commission complaint 13-111013, at its regular meeting of january 28th, 2013, in the matter of ethics complaint 13-1103,the ethics commission made a determination that there is probably cause to believe the following violations of the san francisco campaign and governmental
conduct code occurred and that the respondents committed them. one violation of san francisco campaign and governmental conduct code section 1.1 16 subsection a2 for reporting and receiving a loan to his candidate committee in excess of $120,000. two, one violation of san francisco campaign and governmental conduct code section 1.1 16, subsection c, for repaying aloan amount in excess of $120,000. 3 one violation of california government code section 81 104, subdivision a has incorporated into local law by san francisco campaign and governmental conduct code section 1.1 106 for not accurately reporting either the correct amount loan or the date that the loan was deposited into the committee's bank ak. four, one violation of san francisco campaign and governmental conduct code for
not providingdoms that were required to keep within ten business days after a request by ethics commission staff. five, 16 violations of california code section 1 4104 as incorporated into local law by san francisco campaign and governmental conduct code section 1.1 06 for faying to maintain detailed records that document the days on which his committee made 15 expenditures, the amounts of the expenditures, the names and addresses of the payees or description of the goods or services. 6,15 violations of san francisco campaign and governmentality conduct code subdivision a1 for failing to make 15 campaign expenditures from the candidate committee's bank account. each commissioner who participated in a decision to find probable cause must certify on the record that he or she personally heard or read the testimony, reviewed the evidence or otherwise reviewed the entire record of the proceedings.
>> each commissioner must so certify. >> you want individuals. >> one at a time? >> commissioner renne? >> i will so certify. >> i so certify. >> i so sort if i certify. >> i so certify. >> i so certify. >> the respondents are presumed to be innocent unless such time they are proved in the merits. the executive director shall issue accusations for investigations and enforcement proceedings. >> the next item on the agenda discussion and possible action on moats of the commission's regular meeting of november 26th, 2012. >>
>> public comment. >> david pilpel on page 3 of the draft minutes under "public comment," is someone following with me sorry. bottom of page 3. under "public comment." mr. ng stated that he needed clarification, i believe needed would be better. on page 4, "public comment," towards the top, my comments stated that the term "qualification" should be included perhaps in the definition, not into. on the bottom of page 4, item 5, the closed session evaluation of director st. croix i believe that should also reference the brown act
and sunshine ordinance provisions that permit such closed sessions. and there was one other -- one moment. well there was one another thing and darned if i can find it now. i will try to find it and communicate it to staff, but just minor typographical things. i did try to read the minutes. thank you. >> is there a motion to adopt the minutes as amended by mr. pilpel? >> so moved. >> second. >> all in favor? >> aye. >> opposed? hearing none, next item on the agenda is the executive
director's report. >> i just want to throw one thing on top of the report. during public comment earlier a number of people mentioned again the jewelle gomez case and i did call the mayor's office and to ask if it was forthcoming and said they would do so today. the first question is a response coming? the answer is no. then, that is that if it's yes, i will try to get an idea of when. >> thank you. >> thank you. >> any questions from the commissioners on the executive director's report? public comment? david pilpel and i did find the
other thing on the minutes page 4 in the middle of "public comment," while i was talking about an insufficient number of commas, i would insert a comma there, to make the comment more readable. onto the executive director's report. trying to liven this up in case anybody is watching this. >> we're watching, mr. pilpel. >> we're watching, mr. pilpel. >> that is right. in connection with the november, 2012 election, i would anticipate we're going to get a report from staff about the effectiveness of the public financing program. i assume, although i didn't see a survey that there was a survey after the november election, maybe? so i'm looking forward to hearing more about that. there was reference somewhere in here about -- or maybe it was discussed earlier about the number of audits. there is no discussion in the
executive director's report about the status of audits, where we are, since we're halfway through the year? are we halfway through the audits that were scheduled? kind of the audit status? i continue to note that although i guess we got past the instant issue with chris jackson that we still have an outstanding balance that mr. jackson owes the city. i continue to believe that we should publish a list of all the bad actors that have outstanding fees, fines, forms out. and i wanted to note on page 4 the technology upgrades. i would like to thank steven massey, it director, as much as possible, because he is one of the unheralded staff members who really does a lot in terms of servers and technology and the whole dashboard program. the updates to the electronic filing program really have been
helpful, as i understand. and kudos to steven for that work. thank you. >> thank you. and i certainly echo the great work that mr. massey and the staff have done on our electronic filing. i do think it has added a lot of value, and i know the regulated community and the public i have heard have appreciated those efforts as well. anything else relating to the executive director's report from the commissionersin the next item on the agenda is items for future meetings. anybody would like to add anything? >> i just wanted to express appreciation for the interested persons meeting announcement, and i'm glad that we'll be talking about that report at a future meeting.
some of the issues that were raised in the course of these conversations kind of come naturally into the consideration of that. i'm thinking of something, like, our whistle-blower experience and it will be -- i think it will be useful for all of us to see you think the contemporary word is "benchmark." but have an opportunity to reflect on that, not in the context of any particular case, but in a general way. >> i agree. i agree. we need to look at all of our investigations and all of your work and see where we can improve and i think seeing what has been done in l.a. and a comparison is going to be a useful discussion. i hope that we will have significant public participation. anything else? >> public comment? >> public comment on agenda
item no. ix. >> david pilpel. i will remind the commission self years ago we had attached to the executive director's report a six-month forward calendar of topics and hearings that sort of withered away after a while. i think that would be helpful to list those things that we know or intend to have happen in the next few months, and those things that haven't yet been scheduled, but are intended to happen. there are some things that are on an annual schedule and other things, as-needed. i would really encourage you to develop that, and maintain it. i think it would be helpful for you and the staff. >> the next item on the agenda is public comment on matters appearing or not appearing on the agenda that are within the jurisdiction of the ethics commission. >> i beg your indulgence for
speaking during public comment and i promise not to come again. the library commissioners are appointed by the mayor. one of the library commissioners, michael briar resigned june 11th. i visited the ethics commission's office in the first week in july, to ask for the report from the mayor on vacancies. the staff of the ethics commission told me that no such report was required. i pointed out that not only is it required under san francisco campaign and government conduct code section 3.1-105, but the failure to provide such notice is defined as "official misconduct." the person who was helping me said she never heard of this before. i provided her a copy of the law, which i would be glad to provide with you -- to you, if you want. and she said that mr. st. croix
would call me. i came back a week later to find out why no one had called me and she said that the mayor would be complying starting next month, even though the notice period is 15 days under the law. i asked a series of questions, has there been into complaints so far? do you have any documents relative to? and to seech question she responded i'm not clear on that, after i had gotten that same answer four or five times it was clear to me this was just another cover-up, even before the facts had been established. you have to realize that this comes on top of the abuse and dishonest that we get every place else. i mean, if the mayor's office is just a gang, and the library commission is just a gang, and there is no reason why you
should be socially responsibility, because the ethics commission is just a gang, then we're just going around in circles. you have to realize that this is, in fact, cover-up. mr. st. croix sees himself, obviously, as a situation where everybody else in the city is mostly honest, and i'm the only one who is completely corrupt. well, the trouble is everybody else in city hall sees themselves exactly that same way. let everybody else be honest mr. st. croix sees himself a sleazy corporate executive running the ethics commission. well, it doesn't start there. if there is no ethics at the ethics commission, there is no ethics. it has do with all kinds of disclosure i would like to get, but if he is just going to tell them before the investigation,
>> this is smack in the middle of the tenderloin neighborhood where there are 50,000 people within walking distance. you see the kids that are using what's provided, but there is so much opportunity for this to be a stronger, more welcoming, healthier, cleaner, safer place for the people in this community to play. there are going to be new green areas, a full-size basketball court, outdoor fitness equipment, community gardens, a brand-new clubhouse. it's going to be a much more welcoming spot for a
thursday, february 14th. prior to taking role. ortiz may be late. >> metcalf. present. >> ortiz. >> present. >> kim. >> sartipi. >> kim >> here. >> and are there any communications. >> not that i am aware of. >> any new or old business from the brord of directors, seeing none we will move on to the executive director's report. >> good morning, everyone, first i want to have good news, all three butress have been poured and i want to thank everyone who has worked six days, you know, a week, nights and weekends and all sorts of inclement weather. all floors are done, secondly i want to acknowledge and thank
the carpenters for highlighting us in the january edition of the magazine. they have a really nice article in there about the transbay project and the importance of labor in their continued support to our project over many years, thank you very much for acknowledging us and the magazine. and in addition, board members, i did sign out a letter from anvill builders as you may recall. it is a company that we awarded a contract to in november of last year for 9, 250,000, million, and they sent a letter thanking us for all of the work that we are doing regarding minority owned business and i want to thank everyone because we are doing a good job in that area. in addition, i wanted to report that last saturday, there was a very tragic incident that occurred on third street where a bicyclist was killed in a
collision with a cement truck. and i know that our chair person kim has been very concerned about traffic and safety for pedestrians and bicyclists which is busy in that area understandable because we have a lot of events and on that particular day was an appreciation day and so we have asked the department of parking and traffic to come and give us a report and a briefing on what is done or being done in the neighborhood for pedestrian bicyclist safety. and i think ricardo is joining us from the department of parking and traffic, thank you. >> good morning, chair, kim, members of the board, ricardo lao with agency and i am the city traffic engineer. the tragic events that happened on saturday, it is something that we really are concerned with. our department is striving hard to promote bicycle both as a alternative mode of
transportation and every year, about one to two bicyclists are killed on our roadways and that is something that we want to stop so this is something that we are going to be looking into. at this point, we have not gotten the collision report from the san francisco police department and so we don't know the exact details of what happened in terms of the collision, what we know is what you have seen in the press and in blogs, so i don't want to speculate in terms of that incident and i know that i will be looking at that roadway, between third and second in the westbound direction of the roadway that does not have a bike lane and we will looking to see what we can do to improve that. we most recently changed all. pedestrians did not have a way to cross fourth and king and we